REGINE Regularisations in Europe Final Report - European ...

- Failure to enforce return 341
- Complementary protection 342
- Individual ties to a country/ integration 343
- Exclusion criteria
- Other
Table 9: Classification of regularisations (status adjustments)
Nature of Status
Adjustment
Nature of the
procedure
Criteria/ Reasons for
regularisation
Status Granted 344
Regularisation: any state
Programme
Length of residence, employment,
Temporary permit
procedure by which third
Mechanism
family ties, health, length of the
Permanent residence
country non-nationals who
asylum procedure, failure to
are illegally residing, or who
enforce return, complementary
are otherwise in breach of
protection, individual ties to a
national immigration rules
country/integration, other
are granted a legal status in
their current country of
residence
Normalisation: any state
Programme
Length of residence, employment,
Temporary permit
procedure by which third
Mechanism
family ties, health, length of the
Permanent permit
country-nationals who are
asylum procedure, failure to
legally residing but who are
enforce return, complementary
in a restricted or transitional
protection, individual ties to a
status are granted a superior
country/integration, other
legal status
Suspension of removal order
Programme
Failure to enforce return,
Temporary permit
(toleration)
Mechanism
complementary protection, other
‘Toleration’ status
De facto toleration i
De facto toleration i
I
de facto tolerations refers to cases where a removal order is not formally suspended but simply not enforced.
341 This is different from length of residence in that regularisation on the basis of duration of stay may be
granted without any enforcement action having been initiated. Length of residence thus is a defining feature for
both reasons for regularisation, but captures different sections of the illegally resident population.
342 Subsidiary protection as defined by the qualification directive (2004/83/EC) does not cover all protection
grounds, for example, protection from individual harm and threats from non-state actors in situations not
involving indiscriminate violence.
343 Several countries use ‘integration’ as a criterion, often involving other criteria such as family ties, education
and upbringing in a country, employment, etc. This composite criterion would have to be developed and
distinguished clearly from other grounds.
344 The classification of permits should be in line with the classification used in view of the implementation of
Regulation 862/2007 on Community Statistics on Migration and International Protection. However, in view of
the enormous complexity of legal status, ultimately a similar typology as developed for the acquisition of
nationality by the NATAC project should be developed for residence permits [see on NATAC: Bauböck, R.
Ersbøll, E., Groenendijk, K., Waldrauch, H. (2006): Acquisition and Loss of Nationality|Volume 1: Comparative
Analyses, Policies and Trends in 15 European Countries. IMISCOE Research. Amsterdam. Amsterdam
University Press]
112